问题 单项选择题

关于合同履行中债权转让和债务转移下列说法错误的是( )。

A.可以约定债务人向第三人履行债务

B.可以约定第三人向债务人履行债务

C.合同当事人之间的债权债务关系可以在约定债务人向第三人履行债务和约定第三人向债务人履行债务情况下部分改变

D.合同当事人之间的债权债务关系不能在约定债务人向第三人履行债务和约定第三人向债务人履行债务情况下发生改变

答案

参考答案:C

解析: 《合同法》规定了债权转让对债务人发生效力的要件,即债权人通知债务人为生效要件。通知的方式,可以是口头形式或者书面形式。但是以书面形式订立的合同债权转让应当采用书面形式。法律,行政法规有规定的,应按规定办理。 依据法律规定,债务转移发生效力后,债务承担人将全部或部分地取代原债务人的地位而成为合同当事人,即新债务人,这是债务承担的效力表现。为了使新债务人的利益不受损害,基于原债务所产生的抗辩权对于新债务人应当具有法律效力。

填空题



The Commission is expected to propose allowing people to choose which legal jurisdiction they would come under, based on their (1) or their residency. But the proposal is set to (2) because of the very different laws on divorce that apply across the EU. The Commission wants to (3) problems over which law to apply when, for example, a married couple from one member state is (4) in another member state or when the couple is of different EU nationalities.
The (5) of member states are said to be (6) the idea and responded positively to a (6) which followed the (8) of a Commission Green Paper. With 15 percent of German divorces each year involving couples of different nationalities, the government of Berlin (9) see resolved the issue of which laws should apply.
But some member states are expected to resist the (10) which would involve allowing different divorce laws to be applied in their countries. For example, in Ireland where the divorce law states a couple must have been separated for four years, establish that their marriage has broken down and be offered (11) , a couple from Sweden could apply to an Irish court to allow them to divorce under Swedish law, where divorce can be (12) quickly.
The Irish government’s (13) to the Commission on the Green Paper stated: "Ireland is not in favor of allowing (14) to choose the applicable law, as this could be open to abuse.., such abuse would be likely to (15) most on divorce regimes, such as that of Ireland, which require a relatively long separation period." Ireland, like the UK, however, is allowed to choose whether to "opt-in" to such a proposal under rules agreed in the Amsterdam treaty. Malta has no such (16) but could (17) the proposal in the Council of Ministers since (18) approval will be required.
"It is going to lead to (19) ," said Geoffrey Shannon, Irish expert on the Commission on European Family Law, which examines the (20) of EU family law.
The proposal would also mean that judges would have to be trained in the divorce law of all 25 member states.

单项选择题